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Confidential information

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38.—(1) Information relating to the affairs of any individual or business which is commercially confidential may only be included in the register if—

(a)the individual or the person for the time being carrying on the business gives consent to that inclusion; or

(b)the information requires to be included in the register in pursuance of a direction under regulation 43.

(2) For the purposes of these Regulations, information is only commercially confidential in relation to the affairs of any individual or business if SEPA has determined that putting it on the register would prejudice to an unreasonable degree the commercial interests of that individual or business.

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